Published: 10 February 2020
Being a Premises Licence Holder, Designated Premises Supervisor or other ‘responsible person’ on a premises licence carries a lot of responsibility. In addition to the risk of having the licence reviewed, you can be prosecuted for breaches of the licence.
Breaches can come in many different forms. For example:
Breaches of a premises licence or club premises certificate can be serious or minor, and enforcement should be proportionate to the breach.
Prosecution or Review is not the only enforcement option open to the Authorities. Whilst there are very limited circumstances in which the Police or other Authorities can close you down at short notice, where a significant and serious breach is found (for example, a risk to fire safety) and you are advised firmly by the Authority to close until the breach is remedied, you would be well-advised to do so. The alternative could be a combination of Review, prosecution and a formal closure notice.
The vast majority of Licensees comply with their licence conditions and where there are allegations of a breach these can often be because the Authorities themselves have simply interpreted the condition in a different way to the licence holder.
Our lawyers have many years’ experience in drafting and advising on the impact of licence conditions and will work with you as well as the enforcing Authority to ensure compliance whilst pushing back against any over-zealous interpretation.
If you need more information on the laws surrounding the breaching of premises licences, contact one of our licensing solicitors. They will give you initial legal advice on what your best options are.
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